State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter38

CHAPTER 38 - WHEAT MARKETING COMMISSION

 

11-38-101. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of agriculture;

 

(ii) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated representative;

 

(iii) "Department" means the Wyoming department ofagriculture;

 

(iv) Repealed By Laws 2009, Ch. 90, 3.

 

(v) "Grower" means anyone engaged in growing, orcausing to be grown, wheat, on ten (10) acres or more in Wyoming including theowner and tenant jointly, a person, a partnership, association, corporation,cooperative, trust, sharecropper and any and all other business units, devicesand arrangements;

 

(vi) "Handler" means any person engaged in theoperation of buying, selling, shipping or distributing wheat grown in Wyomingwhich he has purchased or acquired from a grower or which he is shipping inbehalf of a grower, whether the handler is located within or without Wyoming;

 

(vii) "Sell or sold" means a transaction wherein thetitle to wheat is transferred from the grower to the purchaser for aconsideration, and includes any pledge or mortgage of wheat to any person orany agreement to acquire such property for a consideration;

 

(viii) "Ship" means to sell, transport, offer fortransportation or ship wheat by any means whatsoever;

 

(ix) "Variety" means a type of wheat having similarcharacteristics, as, for example: Cheyenne, Marquis, Defiance, etc.;

 

(x) "Wheat" means and includes all varieties of wheatgrown in Wyoming;

 

(xi) "Wheat marketing commission" means the controlcommittee established pursuant to W.S. 11-38-102;

 

(xii) "This act" means W.S. 11-38-101 through11-38-110.

 

11-38-102. Establishment; composition; appointment; removal; officers;consultation permitted; area distribution of nominations.

 

(a) The wheat marketing commission is established consisting offive (5) members appointed by the governor from nominations made by the Wyomingwheat growers association or any other duly organized and incorporated stateorganization within the state of Wyoming having a commodity division workingwith wheat. The director of the department of agriculture or his designatedrepresentative shall serve ex officio. The governor may remove any member heappoints as provided in W.S. 9-1-202.

 

(b) The commission shall elect a chairman and vice chairmanfrom its appointed members and appoint an administrator. The commission maycall upon other interested organizations for consultation.

 

(c) All appointed members shall derive substantial income fromthe growing of wheat. Geographic representation of membership on the commissionshall be provided for based on historical wheat production records. Eachnomination shall include a resume of the nominee's qualifications for servingon the commission.

 

11-38-103. Terms of office.

 

(a) The terms of office for the initial wheat commissionmembers shall be three (3) terms of one (1) year each, two (2) terms of two (2)years each and two (2) terms of three (3) years each. Subsequent appointmentswill be for terms of three (3) years.

 

(b) To reduce the commission from seven (7) members to five (5)members, the commission shall be reduced by the two (2) positions that arevacant as of March 15, 2007.

 

11-38-104. Powers and duties.

 

 

(a) The commission shall:

 

(i) Receive and disburse funds under the provisions of this actto be used in administering the provisions of this act;

 

(ii) Annually elect a chairman from among its members and nochairman shall succeed himself more than once;

 

(iii) Elect a vice chairman from among its members;

 

(iv) Repealed By Laws 1999, ch. 173, 2.

 

(v) Meet every four (4) months and at such other times ascalled by the chairman or when requested by three (3) or more members of thecommission;

 

(vi) Keep a permanent record of its proceedings and prepare forthe governor an annual report of its activities, receipts and expenditures.

 

(b) The commission may:

 

(i) Conduct or contract for scientific research to discover anddevelop improved marketing methods for wheat and wheat products, includingprograms of consumer education and protection;

 

(ii) Disseminate reliable information, founded upon research,showing uses and probable uses of wheat and wheat products;

 

(iii) Study state and federal legislation with respect totariffs, duties, reciprocal trade agreements, import quotas and other mattersconcerning the wheat industry;

 

(iv) Sue and be sued as a commission, without individualliability, for the acts of the commission within the scope of the powers andduties conferred upon it by this act;

 

(v) Enter into contracts to carry out the purpose of this act,including contracts for promotion of wheat and wheat products and developmentof new markets through such promotion;

 

(vi) Appoint advisory groups composed of representatives fromorganizations, institutions or businesses related to or interested in thewelfare of the wheat industry;

 

(vii) Make grants to research agencies for financing special oremergency studies, or for purchase or acquisition of facilities necessary tocarry out the purposes of the commission;

 

(viii) Appoint subordinate officers and employees of thecommission and prescribe their duties and fix their compensation;

 

(ix) Cooperate with any local, state or national organization oragency engaged in work or activities similar to or related to those of thecommission, and enter into contracts with such organizations or agencies forcarrying out joint programs;

 

(x) Act jointly and in cooperation with the state or federalgovernment, or any agency thereof in the administration of any program of thegovernment or of a governmental agency deemed by the commission as beneficialto the wheat industry of this state and expend funds in connection therewith;

 

(xi) Adopt rules and regulations necessary to carry out theprovisions of this act under procedures set forth in the Wyoming AdministrativeProcedure Act [ 16-3-101 through 16-3-115].

 

11-38-105. Authority to accept grants.

 

The commission may accept grants,donations, contributions or gifts from any source for expenditure for anypurpose consistent with the powers and duties conferred on the commission.

 

11-38-106. Contributions allowed.

 

From the funds it receives, the commissionmay pay or contribute to organizations such as, but not limited to, thenational wheat board, to carry out work and programs approved by thecommission.

 

11-38-107. Administration of programs.

 

The director shall administer anymarketing, utilization or promotion program in such manner as to besteffectuate the purpose hereof, with the advice of the commission and board.

 

11-38-108. Assessments generally; refund of contributions; penalty forfailure to pay or remit monies due or collected.

 

(a) The rate of assessment may be adjusted from time to time bythe wheat marketing commission in order to cover any later findings by thewheat marketing commission of the estimated expenses or actual expenses thatmay be incurred in connection with any research, marketing, utilization andpromotion program. The assessment shall not exceed two and one-half cents($.025) per bushel.

 

(b) All assessments made and levied pursuant to the provisionsof this act shall be paid by the respective grower who is primarily liabletherefor. An assessment shall be collected from the grower by the first handlerthereof, warehouse, or elevator operator, and the handler shall remit to thedirector all assessments so collected not later than the fifteenth day of themonth next succeeding the quarter in which the wheat is sold or contracted incommercial channels. Any handler within or without the state of Wyoming whofails or neglects to collect an assessment from any grower and to remit thecollection to the director is guilty of a violation of this act.

 

(c) In case of a pledge or mortgage of wheat as security for aloan made from a governmental agency the assessment shall be deducted from theproceeds of the loan at the time of the disbursement of the loan. In case of anoverage of wheat at the time of settlement of the loan, the assessment shall bepaid on the overage. In case of a shortage at the time of settlement of theloan, the over payment will be credited to the grower's account. In case ofpurchase agreements under the federal price support program, the assessmentshall be made at the time of final settlement. Wheat stored in private orpublic storage within the state shall not be liable for assessment until saleis made or loan secured.

 

(d) Any grower who by virtue of his activities or circumstancesis within the meaning of the term "handler" as herein defined, or whoshall sell, ship or otherwise dispose of wheat to a handler or other person orstore wheat outside the jurisdiction of this act, shall forthwith remit to thedirector the full amount of the assessment due. Wheat originating from anystate that collects a similar levy upon wheat, but bases assessment upon thelocation of the first sale taking place within its jurisdiction shall betreated as if the wheat were grown within the state of Wyoming, being firsthandled by a Wyoming handler. At the first commission meeting following July 1of each year, the commission shall determine which states collect a similarlevy and shall then notify all domestic handlers of those states.

 

(e) A person who has paid any monies as provided in this act isentitled to a prompt refund of the contribution from the commission. A claimfor refund shall be made to the commission not less than thirty (30) nor morethan ninety (90) days from the date of sale, on a form prescribed and furnishedby the commission. The claim refund form shall be duly acknowledged by theperson submitting the claim.

 

(f) The commission, before processing and making refund, mayrequire any additional information or affirmation under penalty of perjury itdeems necessary to determine the validity of the claim for refund.

 

(g) Any person who fails to pay or remit any monies due orcollected as provided in this act is guilty of a misdemeanor. Failure to soremit on each sale for which such monies are payable constitutes a separateoffense and is not affected by any refund either pending at the time of theoffense or made at a later date. Upon conviction any person guilty of suchmisdemeanor shall be subject to a fine of not more than fifty dollars ($50.00).

 

11-38-109. Deposit and disbursement of collected monies; surety bondrequired.

 

 

(a) Monies collected pursuant to this act shall be depositedwith the state treasurer's office and disbursed in accordance with the act.

 

(b) Any person authorized by the commission to receive ordisburse funds, shall post with the commission a surety bond in the amount thecommission determines sufficient, for which the cost or premium shall be paidby the commission.

 

11-38-110. Research programs to improve marketing or utilization;contents; budget of expenses.

 

Whenever the wheat commission deems itadvisable to implement a research, promotion or market program for theimprovement of the marketing or utilization of wheat in both foreign anddomestic trade, the plan may include, but shall not be limited to, the openingof new markets for wheat; developing new ideas and uses for wheat both at homeand abroad; exploring the possibility of developing new agricultural andindustrial uses for wheat; and engaging in sales promotion and educationprograms. The wheat commission shall prepare and submit therewith a proposedprogram to the board of agriculture together with a budget.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter38

CHAPTER 38 - WHEAT MARKETING COMMISSION

 

11-38-101. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of agriculture;

 

(ii) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated representative;

 

(iii) "Department" means the Wyoming department ofagriculture;

 

(iv) Repealed By Laws 2009, Ch. 90, 3.

 

(v) "Grower" means anyone engaged in growing, orcausing to be grown, wheat, on ten (10) acres or more in Wyoming including theowner and tenant jointly, a person, a partnership, association, corporation,cooperative, trust, sharecropper and any and all other business units, devicesand arrangements;

 

(vi) "Handler" means any person engaged in theoperation of buying, selling, shipping or distributing wheat grown in Wyomingwhich he has purchased or acquired from a grower or which he is shipping inbehalf of a grower, whether the handler is located within or without Wyoming;

 

(vii) "Sell or sold" means a transaction wherein thetitle to wheat is transferred from the grower to the purchaser for aconsideration, and includes any pledge or mortgage of wheat to any person orany agreement to acquire such property for a consideration;

 

(viii) "Ship" means to sell, transport, offer fortransportation or ship wheat by any means whatsoever;

 

(ix) "Variety" means a type of wheat having similarcharacteristics, as, for example: Cheyenne, Marquis, Defiance, etc.;

 

(x) "Wheat" means and includes all varieties of wheatgrown in Wyoming;

 

(xi) "Wheat marketing commission" means the controlcommittee established pursuant to W.S. 11-38-102;

 

(xii) "This act" means W.S. 11-38-101 through11-38-110.

 

11-38-102. Establishment; composition; appointment; removal; officers;consultation permitted; area distribution of nominations.

 

(a) The wheat marketing commission is established consisting offive (5) members appointed by the governor from nominations made by the Wyomingwheat growers association or any other duly organized and incorporated stateorganization within the state of Wyoming having a commodity division workingwith wheat. The director of the department of agriculture or his designatedrepresentative shall serve ex officio. The governor may remove any member heappoints as provided in W.S. 9-1-202.

 

(b) The commission shall elect a chairman and vice chairmanfrom its appointed members and appoint an administrator. The commission maycall upon other interested organizations for consultation.

 

(c) All appointed members shall derive substantial income fromthe growing of wheat. Geographic representation of membership on the commissionshall be provided for based on historical wheat production records. Eachnomination shall include a resume of the nominee's qualifications for servingon the commission.

 

11-38-103. Terms of office.

 

(a) The terms of office for the initial wheat commissionmembers shall be three (3) terms of one (1) year each, two (2) terms of two (2)years each and two (2) terms of three (3) years each. Subsequent appointmentswill be for terms of three (3) years.

 

(b) To reduce the commission from seven (7) members to five (5)members, the commission shall be reduced by the two (2) positions that arevacant as of March 15, 2007.

 

11-38-104. Powers and duties.

 

 

(a) The commission shall:

 

(i) Receive and disburse funds under the provisions of this actto be used in administering the provisions of this act;

 

(ii) Annually elect a chairman from among its members and nochairman shall succeed himself more than once;

 

(iii) Elect a vice chairman from among its members;

 

(iv) Repealed By Laws 1999, ch. 173, 2.

 

(v) Meet every four (4) months and at such other times ascalled by the chairman or when requested by three (3) or more members of thecommission;

 

(vi) Keep a permanent record of its proceedings and prepare forthe governor an annual report of its activities, receipts and expenditures.

 

(b) The commission may:

 

(i) Conduct or contract for scientific research to discover anddevelop improved marketing methods for wheat and wheat products, includingprograms of consumer education and protection;

 

(ii) Disseminate reliable information, founded upon research,showing uses and probable uses of wheat and wheat products;

 

(iii) Study state and federal legislation with respect totariffs, duties, reciprocal trade agreements, import quotas and other mattersconcerning the wheat industry;

 

(iv) Sue and be sued as a commission, without individualliability, for the acts of the commission within the scope of the powers andduties conferred upon it by this act;

 

(v) Enter into contracts to carry out the purpose of this act,including contracts for promotion of wheat and wheat products and developmentof new markets through such promotion;

 

(vi) Appoint advisory groups composed of representatives fromorganizations, institutions or businesses related to or interested in thewelfare of the wheat industry;

 

(vii) Make grants to research agencies for financing special oremergency studies, or for purchase or acquisition of facilities necessary tocarry out the purposes of the commission;

 

(viii) Appoint subordinate officers and employees of thecommission and prescribe their duties and fix their compensation;

 

(ix) Cooperate with any local, state or national organization oragency engaged in work or activities similar to or related to those of thecommission, and enter into contracts with such organizations or agencies forcarrying out joint programs;

 

(x) Act jointly and in cooperation with the state or federalgovernment, or any agency thereof in the administration of any program of thegovernment or of a governmental agency deemed by the commission as beneficialto the wheat industry of this state and expend funds in connection therewith;

 

(xi) Adopt rules and regulations necessary to carry out theprovisions of this act under procedures set forth in the Wyoming AdministrativeProcedure Act [ 16-3-101 through 16-3-115].

 

11-38-105. Authority to accept grants.

 

The commission may accept grants,donations, contributions or gifts from any source for expenditure for anypurpose consistent with the powers and duties conferred on the commission.

 

11-38-106. Contributions allowed.

 

From the funds it receives, the commissionmay pay or contribute to organizations such as, but not limited to, thenational wheat board, to carry out work and programs approved by thecommission.

 

11-38-107. Administration of programs.

 

The director shall administer anymarketing, utilization or promotion program in such manner as to besteffectuate the purpose hereof, with the advice of the commission and board.

 

11-38-108. Assessments generally; refund of contributions; penalty forfailure to pay or remit monies due or collected.

 

(a) The rate of assessment may be adjusted from time to time bythe wheat marketing commission in order to cover any later findings by thewheat marketing commission of the estimated expenses or actual expenses thatmay be incurred in connection with any research, marketing, utilization andpromotion program. The assessment shall not exceed two and one-half cents($.025) per bushel.

 

(b) All assessments made and levied pursuant to the provisionsof this act shall be paid by the respective grower who is primarily liabletherefor. An assessment shall be collected from the grower by the first handlerthereof, warehouse, or elevator operator, and the handler shall remit to thedirector all assessments so collected not later than the fifteenth day of themonth next succeeding the quarter in which the wheat is sold or contracted incommercial channels. Any handler within or without the state of Wyoming whofails or neglects to collect an assessment from any grower and to remit thecollection to the director is guilty of a violation of this act.

 

(c) In case of a pledge or mortgage of wheat as security for aloan made from a governmental agency the assessment shall be deducted from theproceeds of the loan at the time of the disbursement of the loan. In case of anoverage of wheat at the time of settlement of the loan, the assessment shall bepaid on the overage. In case of a shortage at the time of settlement of theloan, the over payment will be credited to the grower's account. In case ofpurchase agreements under the federal price support program, the assessmentshall be made at the time of final settlement. Wheat stored in private orpublic storage within the state shall not be liable for assessment until saleis made or loan secured.

 

(d) Any grower who by virtue of his activities or circumstancesis within the meaning of the term "handler" as herein defined, or whoshall sell, ship or otherwise dispose of wheat to a handler or other person orstore wheat outside the jurisdiction of this act, shall forthwith remit to thedirector the full amount of the assessment due. Wheat originating from anystate that collects a similar levy upon wheat, but bases assessment upon thelocation of the first sale taking place within its jurisdiction shall betreated as if the wheat were grown within the state of Wyoming, being firsthandled by a Wyoming handler. At the first commission meeting following July 1of each year, the commission shall determine which states collect a similarlevy and shall then notify all domestic handlers of those states.

 

(e) A person who has paid any monies as provided in this act isentitled to a prompt refund of the contribution from the commission. A claimfor refund shall be made to the commission not less than thirty (30) nor morethan ninety (90) days from the date of sale, on a form prescribed and furnishedby the commission. The claim refund form shall be duly acknowledged by theperson submitting the claim.

 

(f) The commission, before processing and making refund, mayrequire any additional information or affirmation under penalty of perjury itdeems necessary to determine the validity of the claim for refund.

 

(g) Any person who fails to pay or remit any monies due orcollected as provided in this act is guilty of a misdemeanor. Failure to soremit on each sale for which such monies are payable constitutes a separateoffense and is not affected by any refund either pending at the time of theoffense or made at a later date. Upon conviction any person guilty of suchmisdemeanor shall be subject to a fine of not more than fifty dollars ($50.00).

 

11-38-109. Deposit and disbursement of collected monies; surety bondrequired.

 

 

(a) Monies collected pursuant to this act shall be depositedwith the state treasurer's office and disbursed in accordance with the act.

 

(b) Any person authorized by the commission to receive ordisburse funds, shall post with the commission a surety bond in the amount thecommission determines sufficient, for which the cost or premium shall be paidby the commission.

 

11-38-110. Research programs to improve marketing or utilization;contents; budget of expenses.

 

Whenever the wheat commission deems itadvisable to implement a research, promotion or market program for theimprovement of the marketing or utilization of wheat in both foreign anddomestic trade, the plan may include, but shall not be limited to, the openingof new markets for wheat; developing new ideas and uses for wheat both at homeand abroad; exploring the possibility of developing new agricultural andindustrial uses for wheat; and engaging in sales promotion and educationprograms. The wheat commission shall prepare and submit therewith a proposedprogram to the board of agriculture together with a budget.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter38

CHAPTER 38 - WHEAT MARKETING COMMISSION

 

11-38-101. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the state board of agriculture;

 

(ii) "Director" means the director of the departmentof agriculture for the state of Wyoming or his designated representative;

 

(iii) "Department" means the Wyoming department ofagriculture;

 

(iv) Repealed By Laws 2009, Ch. 90, 3.

 

(v) "Grower" means anyone engaged in growing, orcausing to be grown, wheat, on ten (10) acres or more in Wyoming including theowner and tenant jointly, a person, a partnership, association, corporation,cooperative, trust, sharecropper and any and all other business units, devicesand arrangements;

 

(vi) "Handler" means any person engaged in theoperation of buying, selling, shipping or distributing wheat grown in Wyomingwhich he has purchased or acquired from a grower or which he is shipping inbehalf of a grower, whether the handler is located within or without Wyoming;

 

(vii) "Sell or sold" means a transaction wherein thetitle to wheat is transferred from the grower to the purchaser for aconsideration, and includes any pledge or mortgage of wheat to any person orany agreement to acquire such property for a consideration;

 

(viii) "Ship" means to sell, transport, offer fortransportation or ship wheat by any means whatsoever;

 

(ix) "Variety" means a type of wheat having similarcharacteristics, as, for example: Cheyenne, Marquis, Defiance, etc.;

 

(x) "Wheat" means and includes all varieties of wheatgrown in Wyoming;

 

(xi) "Wheat marketing commission" means the controlcommittee established pursuant to W.S. 11-38-102;

 

(xii) "This act" means W.S. 11-38-101 through11-38-110.

 

11-38-102. Establishment; composition; appointment; removal; officers;consultation permitted; area distribution of nominations.

 

(a) The wheat marketing commission is established consisting offive (5) members appointed by the governor from nominations made by the Wyomingwheat growers association or any other duly organized and incorporated stateorganization within the state of Wyoming having a commodity division workingwith wheat. The director of the department of agriculture or his designatedrepresentative shall serve ex officio. The governor may remove any member heappoints as provided in W.S. 9-1-202.

 

(b) The commission shall elect a chairman and vice chairmanfrom its appointed members and appoint an administrator. The commission maycall upon other interested organizations for consultation.

 

(c) All appointed members shall derive substantial income fromthe growing of wheat. Geographic representation of membership on the commissionshall be provided for based on historical wheat production records. Eachnomination shall include a resume of the nominee's qualifications for servingon the commission.

 

11-38-103. Terms of office.

 

(a) The terms of office for the initial wheat commissionmembers shall be three (3) terms of one (1) year each, two (2) terms of two (2)years each and two (2) terms of three (3) years each. Subsequent appointmentswill be for terms of three (3) years.

 

(b) To reduce the commission from seven (7) members to five (5)members, the commission shall be reduced by the two (2) positions that arevacant as of March 15, 2007.

 

11-38-104. Powers and duties.

 

 

(a) The commission shall:

 

(i) Receive and disburse funds under the provisions of this actto be used in administering the provisions of this act;

 

(ii) Annually elect a chairman from among its members and nochairman shall succeed himself more than once;

 

(iii) Elect a vice chairman from among its members;

 

(iv) Repealed By Laws 1999, ch. 173, 2.

 

(v) Meet every four (4) months and at such other times ascalled by the chairman or when requested by three (3) or more members of thecommission;

 

(vi) Keep a permanent record of its proceedings and prepare forthe governor an annual report of its activities, receipts and expenditures.

 

(b) The commission may:

 

(i) Conduct or contract for scientific research to discover anddevelop improved marketing methods for wheat and wheat products, includingprograms of consumer education and protection;

 

(ii) Disseminate reliable information, founded upon research,showing uses and probable uses of wheat and wheat products;

 

(iii) Study state and federal legislation with respect totariffs, duties, reciprocal trade agreements, import quotas and other mattersconcerning the wheat industry;

 

(iv) Sue and be sued as a commission, without individualliability, for the acts of the commission within the scope of the powers andduties conferred upon it by this act;

 

(v) Enter into contracts to carry out the purpose of this act,including contracts for promotion of wheat and wheat products and developmentof new markets through such promotion;

 

(vi) Appoint advisory groups composed of representatives fromorganizations, institutions or businesses related to or interested in thewelfare of the wheat industry;

 

(vii) Make grants to research agencies for financing special oremergency studies, or for purchase or acquisition of facilities necessary tocarry out the purposes of the commission;

 

(viii) Appoint subordinate officers and employees of thecommission and prescribe their duties and fix their compensation;

 

(ix) Cooperate with any local, state or national organization oragency engaged in work or activities similar to or related to those of thecommission, and enter into contracts with such organizations or agencies forcarrying out joint programs;

 

(x) Act jointly and in cooperation with the state or federalgovernment, or any agency thereof in the administration of any program of thegovernment or of a governmental agency deemed by the commission as beneficialto the wheat industry of this state and expend funds in connection therewith;

 

(xi) Adopt rules and regulations necessary to carry out theprovisions of this act under procedures set forth in the Wyoming AdministrativeProcedure Act [ 16-3-101 through 16-3-115].

 

11-38-105. Authority to accept grants.

 

The commission may accept grants,donations, contributions or gifts from any source for expenditure for anypurpose consistent with the powers and duties conferred on the commission.

 

11-38-106. Contributions allowed.

 

From the funds it receives, the commissionmay pay or contribute to organizations such as, but not limited to, thenational wheat board, to carry out work and programs approved by thecommission.

 

11-38-107. Administration of programs.

 

The director shall administer anymarketing, utilization or promotion program in such manner as to besteffectuate the purpose hereof, with the advice of the commission and board.

 

11-38-108. Assessments generally; refund of contributions; penalty forfailure to pay or remit monies due or collected.

 

(a) The rate of assessment may be adjusted from time to time bythe wheat marketing commission in order to cover any later findings by thewheat marketing commission of the estimated expenses or actual expenses thatmay be incurred in connection with any research, marketing, utilization andpromotion program. The assessment shall not exceed two and one-half cents($.025) per bushel.

 

(b) All assessments made and levied pursuant to the provisionsof this act shall be paid by the respective grower who is primarily liabletherefor. An assessment shall be collected from the grower by the first handlerthereof, warehouse, or elevator operator, and the handler shall remit to thedirector all assessments so collected not later than the fifteenth day of themonth next succeeding the quarter in which the wheat is sold or contracted incommercial channels. Any handler within or without the state of Wyoming whofails or neglects to collect an assessment from any grower and to remit thecollection to the director is guilty of a violation of this act.

 

(c) In case of a pledge or mortgage of wheat as security for aloan made from a governmental agency the assessment shall be deducted from theproceeds of the loan at the time of the disbursement of the loan. In case of anoverage of wheat at the time of settlement of the loan, the assessment shall bepaid on the overage. In case of a shortage at the time of settlement of theloan, the over payment will be credited to the grower's account. In case ofpurchase agreements under the federal price support program, the assessmentshall be made at the time of final settlement. Wheat stored in private orpublic storage within the state shall not be liable for assessment until saleis made or loan secured.

 

(d) Any grower who by virtue of his activities or circumstancesis within the meaning of the term "handler" as herein defined, or whoshall sell, ship or otherwise dispose of wheat to a handler or other person orstore wheat outside the jurisdiction of this act, shall forthwith remit to thedirector the full amount of the assessment due. Wheat originating from anystate that collects a similar levy upon wheat, but bases assessment upon thelocation of the first sale taking place within its jurisdiction shall betreated as if the wheat were grown within the state of Wyoming, being firsthandled by a Wyoming handler. At the first commission meeting following July 1of each year, the commission shall determine which states collect a similarlevy and shall then notify all domestic handlers of those states.

 

(e) A person who has paid any monies as provided in this act isentitled to a prompt refund of the contribution from the commission. A claimfor refund shall be made to the commission not less than thirty (30) nor morethan ninety (90) days from the date of sale, on a form prescribed and furnishedby the commission. The claim refund form shall be duly acknowledged by theperson submitting the claim.

 

(f) The commission, before processing and making refund, mayrequire any additional information or affirmation under penalty of perjury itdeems necessary to determine the validity of the claim for refund.

 

(g) Any person who fails to pay or remit any monies due orcollected as provided in this act is guilty of a misdemeanor. Failure to soremit on each sale for which such monies are payable constitutes a separateoffense and is not affected by any refund either pending at the time of theoffense or made at a later date. Upon conviction any person guilty of suchmisdemeanor shall be subject to a fine of not more than fifty dollars ($50.00).

 

11-38-109. Deposit and disbursement of collected monies; surety bondrequired.

 

 

(a) Monies collected pursuant to this act shall be depositedwith the state treasurer's office and disbursed in accordance with the act.

 

(b) Any person authorized by the commission to receive ordisburse funds, shall post with the commission a surety bond in the amount thecommission determines sufficient, for which the cost or premium shall be paidby the commission.

 

11-38-110. Research programs to improve marketing or utilization;contents; budget of expenses.

 

Whenever the wheat commission deems itadvisable to implement a research, promotion or market program for theimprovement of the marketing or utilization of wheat in both foreign anddomestic trade, the plan may include, but shall not be limited to, the openingof new markets for wheat; developing new ideas and uses for wheat both at homeand abroad; exploring the possibility of developing new agricultural andindustrial uses for wheat; and engaging in sales promotion and educationprograms. The wheat commission shall prepare and submit therewith a proposedprogram to the board of agriculture together with a budget.

 

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